Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 21North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor Lawyers Co-operative Publishing Company, 1912 |
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Page 61
... defendant , instead of McLean county , being the proper party defendant . The answer therefore alleges a partial defense , and the demurrer thereto was accordingly properly overruled . All concur . G. A. SPICER and S. S. Davis ...
... defendant , instead of McLean county , being the proper party defendant . The answer therefore alleges a partial defense , and the demurrer thereto was accordingly properly overruled . All concur . G. A. SPICER and S. S. Davis ...
Page 76
... defendant must have been in control of the place- before he could be found guilty . We do not think those instructions considered together are subject to the criticism that the defendant might be found guilty under them if he was the ...
... defendant must have been in control of the place- before he could be found guilty . We do not think those instructions considered together are subject to the criticism that the defendant might be found guilty under them if he was the ...
Page 79
... defendant was tried and sentenced in , under the former conviction . There are many authorities holding this to be sufficient . In other words , it is held that if the information specifically points out where a record of the former ...
... defendant was tried and sentenced in , under the former conviction . There are many authorities holding this to be sufficient . In other words , it is held that if the information specifically points out where a record of the former ...
Page 81
... defendant is about to be placed on trial . Construing all the allegations of the information together , there was no substan- tial omission , and defendant could not have been misled as to what offense he was alleged to have been ...
... defendant is about to be placed on trial . Construing all the allegations of the information together , there was no substan- tial omission , and defendant could not have been misled as to what offense he was alleged to have been ...
Page 88
... defendant's road , provided that his coming is within a reasonable time before the time for departure of said train . To constitute him such passenger it is not necessary that he should have purchased his ticket . " The question of ...
... defendant's road , provided that his coming is within a reasonable time before the time for departure of said train . To constitute him such passenger it is not necessary that he should have purchased his ticket . " The question of ...
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Popular passages
Page 174 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 236 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 474 - If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly by adjournment prevent its return, in which case it shall not be a law.
Page 41 - Plaintiff fell into the trench and was injured, and the court held that the question, of contributory negligence was properly submitted to the jury...
Page 107 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 488 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 279 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed; 2.
Page 225 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding...
Page 90 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 96 - It certainly is very desirable that these matters should be based upon certain and intelligible principles, and that the measure of damages for the breach of a contract for the...